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Case C-559/11: Order of the Court (First Chamber) of 4 October 2012 (reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen — Belgium) — Pelckmans Turnhout NV v Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV (Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure — Directive 2005/29/EC — Unfair commercial practices — National legislation prohibiting the opening of an establishment seven days a week)
ECLI:EU:UNKNOWN:62011CB0559
62011CB0559
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Official Journal of the European Union
C 9/23
(Case C-559/11) (<span class="super">1</span>)
(Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting the opening of an establishment seven days a week)
2013/C 9/38
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Pelckmans Turnhout NV
Defendants: Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV
Re:
Reference for a preliminary ruling — Rechtbank van koophandel te Antwerpen — Interpretation of Articles 34 TFEU, 35 TFEU, 49 TFEU and 56 TFEU and of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) — Concept of business-to-consumer commercial practices — Opening of an establishment seven days a week and advertising of that practice.
Operative part of the order
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as meaning that it does not apply to national legislation, such as that at issue in the main proceedings, which does not pursue objectives related to consumer protection.
*
Language of the case: Dutch.
ECLI:EU:C:2013:9